In this case the respondent company operated a weekly journal wherein the claimant submitted photographs and articles for publication. The Tribunal heard submissions from both parties in respect of a number of issues surrounding the relationship between the parties.

The main issue for the Tribunal was whether or not the claimant was an employee of the respondent company and could bring a claim under the Unfair Dismissals Acts 1977 to 2007.

The respondent told the Tribunal that the claimant was not an employee but rather a freelance journalist/photographer engaged on a contract for service. The respondent maintained that the claimant was advised that the company would cease publishing temporarily and that this event terminated the relationship between the claimant and the respondent.

DETERMINATION

“The Tribunal applied 3 tests, control, integration, and enterprise to decide if the claimant was an employee or self-employed. In relation to control the claimant was free to decide where he could go and what he should deal with. His role was not integrated into the business because there were a number of other freelancers who chose what to do.”

On all three tests the Tribunal was of the view that the claimant was self-employed, therefore was not an employee of the respondent company and thus the Tribunal had no jurisdiction to hear the case under the Unfair Dismissals Acts, 1977 to 2007.

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